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11 4 13 City Council Proceedings Offiicial_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on November 4, 2013 in the th Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Jule Transit System Midtown Loop & Feeder ICAAP Grant Route Implementation. WORK SESSION Jule Transit System Midtown Loop & Feeder ICAAP Grant Route Implementation Director of Transit Operations Candace Eudaley and Transit Dispatcher Jodi Johnson pro- vided a slide presentation and information on how the Iowa Clean Air Attainment Program (ICAAP) grant from the Iowa Department of Transportation will lead to increased frequency and scope of Jule Bus service through new express routes and related route improvements:  Project purpose  Common requests and concerns  Current service concept  New service concept  Trip time savings  Route improvements and changes  Public information Ms. Eudaley and Ms. Johnson responded to questions from the City Council. There being no further business, upon motion the City Council adjourned at 5:58 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 4, 2013 in the th Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) Philanthropy Day (November 15, 2013) was accepted by Kara Murphy, Association of Fund Raising Professionals representative and Development Director for Finley Health Foundation, 350 N. Grandview Avenue; Key Club Week (November 4-8, 2013) was accepted by Pooja Patel, Kiwanis Key Club rep- resentative, PO Box 563, Dubuque; Adoption Month (November 2013) was accepted by Andrew Browns, Iowa KidsNet, 255 JFK Road; Hunger and Homeless Awareness Month (November 2013) was accepted by David Wall of Project Concern, 1789 Elm Street; Hospice Month (November 2013) was accepted by Carole Carroll of Hospice of Dubuque, 2255 JFK Road. PRESENTATION(S) Dubuque Main Street Awards:Leisure Services Manager Marie Ware presented the Best New Construction Project award for the Port of Dubuque Marina; and Dubuque Main Street Executive Director Dan LoBianco presented the Best Community Development Project award for Engine House No. 1. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 7-0. Minutes and Reports Submitted: Catfish Creek Watershed Management Authority of 7/23; City Council Proceedings of 10/21; Civil Service Commission of 10/21; Community Develop- ment Advisory Commission of 10/16; Dubuque County Emergency Management Association of 2/6; Historic Preservation Commission of 10/17; Human Rights Commission of 2 3 9/9; Investment Oversight Advisory Commission of 10/23; Zoning Board of Adjustment of 10/24; Proof of Publication for City Council proceedings of 10/7. Upon motion the documents were received and filed. Notice of Claims and Suits: Robert Allemann for property damage; Avery Butler for property damage; Tom Ochs for property damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Avery Butler for property damage; Tom Ochs for property damage; Resurrection Church for property damage; Aaron Walling for vehicle damage. Upon motion the documents were re- ceived, filed and concurred. Convention and Visitors Bureau - Iowa Tourism Award: Media release from Keith Rahe, President of the Convention and Visitors Bureau announcing receipt of the Outstanding Pro- motional Materials and People's Choice Award from the Iowa Tourism Conference. Upon mo- tion the documents were received and filed. Dubuque City Services Guide: City Manager transmitting the Dubuque City Services Guide. Upon motion the documents were received and filed. Delinquent Garbage Collection Charges: City Manager recommending approval of a resolu- tion authorizing the City to certify garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the docu- ments were received and filed and Resolution No. 311-13 Authorizing the City to collect delin- quent garbage collection charges in accordance with Title 6-6-3C2o; title 6-6-4B3 & Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 311-13 AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE COLLECTION CHARG- ES IN ACCORDANCE WITH TITLE 6-6-3C2o; TITLE 6-6-4B3 & TITLE 6-6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons listed on the attached Garbage Assessment Schedule are de- linquent in the payment of garbage collection charges: 4 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Garbage As- sessment Schedule are delinquent in the payment of garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same man- ner as general property taxes against the respective parcels of property set opposite the names of the owners. th Passed, approved and adopted this 4 day of November, 2013. Roy D Buol, Mayor Attest: Kevin S Firnstahl, City Clerk COLLECT DELINQUENT GARBAGE COLLECTION CHARGES SCHEDULE OF ASSESSMENTS LOCATION, OWNER, PARCEL #, AMOUNT, CATEGORY 735 Kirkwood, East Dubuque Savings Bank, P O Box 259, East Dubuque IL 61025, 1024157007, $120.00, garbage 2595 White, Donna Vaske, 2595 White St., Dubuque IA 52001, 1013376005, $365.00, gar- bage 1612 Butterfield, Anne Mullen, 1612 Butterfield Rd., Dubuque IA 52001, 1027105005, $225.00, garbage 2162 Washington, Daniel M & Keri L Keller, 481 Sherwood, East Dubuque IL 61025, 1024210002, $397.70, garbage 884 University, John Jaeger, 2026 Rockdale Rd., Dubuque IA 52003, 1025109008, $70.00, garbage th 2435 Queen, 2435 Queen LLC, 548 W 7 St., Dubuque IA 52001, 1013452045, $190.00, garbage 1496 White, High Performance Properties, 8505 Southern Hills Ct., Dubuque IA 52003, 1024409001, $85.00, garbage 1022 Bluff, Maria Maldonado, 1022 Bluff St., Dubuque IA 52001, 1024458003, $272.30, garbage 2056 Washington, Jessica Zaruba, 2056 Washington St., Dubuque IA 52001, 1024215024, $103.00, garbage 1585 White, Lawrence and Brenda Husemann, 18491 W Michelle Court, East Dubuque IL 61025, 1024269004, $109.81, garbage 574 Chestnut, Greg Prehm, 8505 Southern Hills Crt., Dubuque IA 52003, 1024381006, $125.00, garbage 1185 Walnut, Liberty Bank FSB, 6500 Westown Parkway, West Des Moines IA 50266, 1024379009, $94.50, garbage th 246 E 14, Mark A Hope, 2639 Research Park Drive, Suite 201, Fitchburg WI 53711, 1024430002, $101.24, garbage 807 Garfield, Robert Canon, 3095 Kane Court, Dubuque IA 52001, 1013481018, $81.00, garbage 1576 Washington, Eliabeth Soule, 1576 Washington St., Dubuque IA 52001, 1024282005, $110.00, garbage 765 Alpine, BM Properties, 8110 Southern Hills Circle, Dubuque IA 52003, 1025105025, $70.00, garbage 5 2561 Jackson, Hirschy Companies, 15816 Lore Mount Rd., Dubuque IA 52002, 1013334007, $120.00, garbage 2214 Jackson, Thomas J & Martha J Blake, 115 Skyline Dr., Guttenberg IA 52052, 1024203007, $241.00, garbage Rockefeller Foundation 100 Resilient Cities Centennial Challenge Team: City Manager rec- ommending approval to submit an application for the Rockefeller Foundation 100 Resilient Cit- ies Centennial Challenge Team. Upon motion the documents were received, filed and ap- proved. Collective Bargaining - Operating Engineers Local #234: City Manager recommending ap- proval of an Amendment to the Collective Bargaining Agreement between the City of Dubuque and the International Union of Operating Engineers Local #234 as it relates to a part-time cashier position in the Utility Billing Department. Upon motion the documents were received, filed and approved. Voluntary Dental Plan: City Manager recommending approval of the new premiums for the Delta Dental Plan effective January 1, 2014 through December 31, 2014 and authorizing the City Manager to sign the Financial Exhibit. Upon motion the documents were received, filed and approved. National Association of State Park Directors: City Manager transmitting correspondence from Priscilla Giegis, President of the National Association of State Park Directors, to Governor Terry Branstad expressing gratitude for hosting their 2013 Annual Conference in Dubuque. Upon motion the documents were received and filed. Mississippi River Economy Summit: City Manager transmitting information regarding the Oc- tober 16, 2013 Mississippi River Cities and Towns Initiative Economy Summit. Upon motion the documents were received and filed. Access Ramp Installation Project 2013 Acceptance: City Manager recommending ac- ceptance of the construction contract for the 2013 Access Ramp Installation Project as com- pleted by Midwest Concrete. Upon motion the documents were received and filed and Resolu- tion No. 312-13 Accepting the 2013 Access Ramp Installation Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 312-13 ACCEPTING THE 2013 ACCESS RAMP INSTALLATION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2013 Access Ramp Installation Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Im- provement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 6 Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Curb Ramp Program capital improvement appropriation for the contract amount of $86,811.03 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 4 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2013 ACCESS RAMP INSTALLATION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2013 Access Ramp Installation Project, and that said Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $91,726.53. th Dated this 25 day of October, 2013. /s/Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 28 day of October, 2013. /s/Kevin S. Firnstahl, CMC City Clerk Safe Routes to School Project Acceptance: City Manager recommending acceptance of the construction contract for the Safe Routes to School Program – Dubuque School Safety Im- provements Project, as completed by McDermott Excavating. Upon motion the documents were received and filed and Resolution No. 313-13 Accepting the safe Routes to School Pro- gram - Dubuque School Safety Improvements Project #SRTS-U-2100(663)-8U-31 and author- izing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 313-13 ACCEPTING THE SAFE ROUTES TO SCHOOL PROGRAM - DUBUQUE SCHOOL SAFE- TY IMPROVEMENTS PROJECT #SRTS-U-2100(663)--8U-31 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Safe Routes To School Program - Dubu- que School Safety Improvements Project #SRTS-U-2100(663)--8U-31. (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Safe Routes to School Grant appropriation for the contract amount of $67,545.09 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. 7 th Passed, approved and adopted this 4 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE SAFE ROUTES TO SCHOOL PROGRAM - DUBUQUE SCHOOL SAFETY IMPROVEMENTS PROJECT #SRTS- U-2100(663)--8U-31 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Safe Routes To School Program - Dubuque School Safety Improvements Pro- ject #SRTS-U-2100(663)--8U-31., and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $74,285.63. th Dated this 25 day of October, 2013. /s/Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 28 day of October, 2013. /s/Kevin S. Firnstahl, CMC City Clerk STAR Communities Leadership Program: City Manager recommending approval to submit an application to join the STAR Communities Leadership program. Upon motion the docu- ments were received, filed and approved. Sustainable Dubuque Monthly Project Status Report: City Manager transmitting the Sus- tainable Dubuque Monthly Project Status Report for September 2013. Upon motion the docu- ments were received and filed. Quarterly Investment Report: City Manager submitting the Quarterly Investment Report for September 30, 2013. Upon motion the documents were received and filed. Appeal of Claim by Aaron Walling: Correspondence from Aaron Walling appealing denial of his claim for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Pizzimenti vs. City of Dubuque: City Attorney submitting information advising that the Nicole Kennedy et al. vs. Theresa Rivard and Marco Pizzimenti suit has been settled with no cost to the City. Upon motion the documents were received and filed. Alliance Technologies, Inc.: Correspondence from Alliance Technologies, Inc., informing the City that it intends to commence certificated cable and/or video service in the city commencing on February 1, 2014 pending approval of the application. Upon motion the documents were received and filed. Iowa Economic Development Authority: Correspondence from the Iowa Economic Devel- opment Authority advising that it is closing out the CEBA forgivable loan for Medline Industries, Inc. Upon motion the documents were received and filed. 8 Canadian Pacific Railroad Crossing Improvements Agreement: City Manager recommend- ing approval of the execution of an agreement with the Canadian Pacific Railway for the rail- thth road crossing improvements on 9 and 11 Streets for the one-way to two-way conversion project. Upon motion the documents were received, filed and approved. Mediacom Communications Company: Correspondence from Mediacom Communications Company advising the City of programming changes effective on or about December 10, 2013. Upon motion the documents were received and filed. Civil Service Commission: Civil Service Commission submitting the certified list for the posi- tion of Records Supervisor. Upon motion the documents were received, filed and made a Mat- ter of Record. Improvement Contracts and Maintenance Bonds: A&G Electric for the Catfish Station Elec- trical Repairs FEMA Project; D&D Concrete, Inc. for the 2013 Curb Access Ramp Installation th Project; Drew Cook & Sons Excavating for the 18 and Heeb Streets Retaining Wall Slope Stabilization Project and the Usha Park Parking Lot Project. Upon motion the documents were received, filed and approved. Signed Contracts: Veenstra & Kimm, Inc., for W&RRC north softening basins rehabilitation; MWH Americas, Inc., change order for RBCA site investigation and wellhead rehabilitation ac- tivities at the W&RRC. Upon motion the documents were received and filed. Alcohol License Renewals: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 314-13 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 314-13 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documenta- tion. 9 Renewals Jumpin' Jane's Indoor 4292 Dodge St. Class B Beer (Sunday) Party & Play Center Kwik Stop Food Mart 4039 Pennsylvania Ave. Class C Beer, Class B Native Wine (Sunday) Party Time Gift Crea-1101 Main St. Class E Liquor, Class B Native tions Wine, Class C Beer (Sunday) Yen Ching Restaurant 926 Main St. Class C Liquor Premise Transfer Hy-Vee Club Room From 2395 NW Arterial to Premise Transfer th Grand River Center Ballroom November 14 th Passed, approved and adopted this 4 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING nd Sale of Property - 317-319 E. 22 Street: City Manager recommending that a public hearing nd be set for November 18 to dispose of City-owned real property located at 317-319 East 22 Street to Danielle L. Minnick. Upon motion the documents were received and filed and Resolu- tion No. 315-13 Resolution of Intention to dispose of City-owned property, specifically, lot 1-3 nd Kemp's Subdivision 317-319 East 22 Street, in the City of Dubuque, County of Dubuque, Io- nd wa, according to the recorded plat thereof, 317-319 East 22 Street was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 18, 2013 in the Historic Federal Building. RESOLUTION NO. 315-13 INTENTION TO DISPOSE OF CITY-OWNED PROPERTY, SPECIFICALLY, LOT 1-3 ND KEMP'S SUBDIVISION 317-319 EAST 22 STREET, IN THE CITY OF DUBUQUE, COUN- TY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, 317-319 ND EAST 22 STREET Whereas, the City of Dubuque has obtained certain real property in connection with the Bee Branch Creek Re-alignment Project; and for purpose of its rehabilitation and re-sale for owner- occupied housing; and Whereas, the City received an offer to purchase this property from Danielle L. Minnick; Whereas, such purpose supports the Neighborhood Stabilization Program and Washington Neighborhood Revitalization strategy as approved by the City Council; and Whereas, by accepting the selected offer the City’s objectives of providing homeownership to an income qualified buyers and rehabilitation of a vacated home can be realized; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the following legally-described property: nd Lot 1-3 Kemp's Subdivision 317-319 East 22 Street, in the City of Dubuque, County of Dubuque, Iowa Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above 10 described real estate to Danielle L. Minnick for the sum of $95,000. Section 3. That the City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on th the City’s intent to dispose of the foregoing-described Property, to be held on the 18 day of th November, 2013, at 6:30 o’clock p.m. at the Historic Federal Building, 350 West 6 Street, Dubuque, Iowa. th Passed, approved and adopted this 4 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Fire Station No. 4 Mechanical and Restroom Upgrade Project: City Manager recommending initiation of the bidding process for the Fire Station No. 4 Mechanical and Restroom Upgrade Project and further recommends that a public hearing be set for November 18, 2013. Upon motion the documents were received and filed and Resolution No. 316-13 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Fire Station No. 4 Mechanical and Restroom Upgrade Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 18, 2013 in the Historic Federal Building. RESOLUTION NO. 316-13 FIRE STATION NO. 4 MECHANICAL AND RESTROOM UPGRADE PROJECT PRELIMI- NARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Fire Station No. 4 Mechanical and Restroom Upgrade Project, in the estimated amount $106,750, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspec- tion. th A public hearing will be held on the 18 day of November, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Fire Station No. 4 Mechanical and Restroom Upgrade Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall con- form to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improve- 11 ments herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished not less than four but not more than forty-five days before the date for filing bids before th 2:00 p.m. on the 4 day of December, 2013. Bids shall be opened and read by the City Clerk th at time and will be submitted to the City Council for final action at 6:30 p.m. on the 16 day of December, 2013, in the Historic Federal Building Council Chambers (second floor), 350 West th 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 4 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Voluntary Annexation - Truck Country, 10785 U.S. Highway 61/151: City Manager recom- mending that a public hearing be set for December 16, 2013 on the voluntary annexation ap- plication from McCoy Family Properties for the voluntary annexation of territory south of the City, and generally located at Truck Country, 10785 U.S. Highway 61/151. Upon motion the documents were received and filed and Resolution No. 317-13 Setting a public hearing on an application for voluntary annexation of territory to the City of Dubuque, Iowa, was adopted set- ting a public hearing for a meeting to commence at 6:30 p.m. on December 16, 2013 in the Historic Federal Building. RESOLUTION NO. 317-13 SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has received a written application from McCoy Family Prop- erties for the voluntary annexation of territory south of the city, and generally located at Truck Country, 10785 U.S. Highway 61/151; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does abut Dubuque County rights-of-way; and Whereas, Iowa Code section 368.7 authorizes the extension of City limits in situations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the City’s Comprehensive Plan; and Whereas, the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th A public hearing will be held on the 16 day of December, 2013, at 6:30 p.m. in the Historic th Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed annexa- tion, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of such hearing. 12 th Passed, approved and adopted this 4 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointments to the following commissions were made at this meeting: Environmental Stewardship Advisory Commission: One, 3-year term through October 1, th 2014 (vacant term of Splittstoeser). Applicants: Jacob Bergum, 247 West 11 St. #8; Gina Ma- kris, 166 Bluff St. Upon roll-call vote of 5-2 (Bergum: Connors, Jones, Sutton, Braig, Buol; Ma- kris: Lynch, Resnick), Jacob Bergum was appointed to a 3-year term through October 1, 2014. Parks and Recreation Advisory Commission: One, 3-year term through June 30, 2014 (Va- cant term of Harris). Applicants: Robin Kennicker, 904 Lincoln Ave.; Randy Neal, 3771 Hillcrest Rd. Upon roll-call vote of 6-1 (Kennicker: Connors. Jones, Lynch, Resnick, Braig, Buol; Neal: Sutton), Robin Kennicker was appointed to a 3-year term through June 30, 2014. Safe Community Advisory Committee: One, 1-year term through December 31, 2013 (Va- cant term of Cheatham). Applicant: Ronald Hammel II, 419 Clark St. Motion by Connors to ap- point Ronald Hammel, II, to a 1-year term through December 31, 2013. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Coun- cil. Sale of Property - 1787 Washington Street (Row House): Proof of publication on notice of public hearing to consider the sale of property at 1787 Washington Street to Danika M. Car- stens and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 318-13 Approving the sale of real estate located at 1787 Washington Street, in the City of Dubuque, Iowa. Seconded by Braig. Laura Carstens, 2370 Shiras Avenue, speaking on behalf of her daughter, Danika Carstens, thanked the Council. Motion carried 7-0. RESOLUTION NO. 318-13 APPROVING THE SALE OF REAL ESTATE LOCATED AT 1787 WASHINGTON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City acquired the property at 1787 Washington Street for the purpose of its restoration and re-sale for owner-occupied housing in the Washington Neighborhood; and Whereas, such purpose supports the Washington Neighborhood Revitalization Strategy as approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally- 13 described property: Lot 1 of Lot 2 of the East ½ of Lot 91 in East Dubuque Addition, In the City of Dubuque, Iowa, according to the recorded plat thereof – 1787 Washington Street at the cost of $85,000. Section 2. That the City of Dubuque be and is hereby authorized to provide a Special War- ranty Deed to the buyer, conveying the City’s interest to Danika M. Carstens for the herein- described real estate. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and he is hereby directed to forward a copy of this Resolu- tion to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 4 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Progressive Processing, LLC / Hormel - State Assistance Application: City Manager rec- ommending approval of the submission of a Business Financial Assistance Application to the Iowa Economic Development Authority on behalf of Progressive Processing, LLC, a subsidiary of Hormel Foods Corporation. Motion by Braig to receive and file the documents and adopt Resolution No. 319-13 Authorizing the filing of an application for State Business Financial As- sistance on behalf of Progressive Processing, LLC. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 319-13 AUTHORIZING THE FILING OF AN APPLICATION FOR STATE BUSINESS FINANCIAL ASSISTANCE ON BEHALF OF PROGRESSIVE PROCESSING, LLC. Whereas, Progressive Processing, LLC, a subsidiary of Hormel Foods Corporation, has proposed making a $31.4 million investment as part of an expansion at their facility in Dubu- que, Iowa; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has deter- mined that the proposed project will contribute to the local economy in Dubuque through the creation of 91 jobs; and Whereas, financial assistance from the Iowa Economic Development Authority is designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa must provide local sponsorship on behalf of Progres- sive Processing, LLC for their Business Financial Assistance Application with the Iowa Eco- nomic Development Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for participation in the Iowa Economic Develop- ment Authority’s Financial Assistance Program on behalf of Progressive Processing, LLC is hereby approved. 14 Section 2. That a five year tax increment financing rebate of $268,400 per year will be pro- vided as required local match, subject to further action by the City Council. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Economic Development Authority together with such documents as may be required. th Passed, approved, and adopted this 4 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Iowa Solar Readiness Initiative: City Manager recommending approval for Dubuque to par- ticipate in the Iowa Economic Development Authority’s Iowa Solar Readiness Initiative, funded through the U.S. Department of Energy’s Rooftop Solar Challenge II Sunshot grant. Motion by Resnick to receive and file the documents and adopt Resolution No. 320-13 Resolution of the City Council of the City of Dubuque, approving an agreement with the Iowa Economic Devel- opment Authority to participate in the Iowa Solar Readiness Initiative as a pilot local govern- ment organization. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 320-13 APPROVING AN AGREEMENT WITH THE IOWA ECONOMIC DEVELOPMENT AUTHORI- TY TO PARTICIPATE IN THE IOWA SOLAR READINESS INITIATIVE AS A PILOT LOCAL GOVERNMENT ORGANIZATION Whereas, In March of 2013, the city of Dubuque executed a letter of intent with the Iowa Economic Development Authority (IEDA) to participate in the Department of Energy (DOE) Rooftop Solar Challenge II SunShot Grant; and Whereas, in August of 2013, the IEDA along with the partner organizations Iowa Environ- mental Council (IEC) and Iowa Association of Municipal Utilities (IAMU) were advised that they had been awarded the grant, which includes proposed work with pilot local government organ- ization; and Whereas, increasing the use of solar photovoltaic (PV) technology can increase energy in- dependence, create or expand jobs for local businesses, reduce strains on the local electric grid, result in locally improved air quality, increase local investment in energy technology, and help mitigate the risk of fluctuations in energy prices; and Whereas, the goals of Rooftop Solar Challenge II Sunshot Grant and the Iowa Solar Readi- ness Initiative include reducing the costs and other barriers to installing solar PV for business- es, residents, and communities; and Whereas, the cost of solar PV equipment has declined in recent years, while other costs as- sociated with solar PV, such as the cost of permitting, inspection, connecting to the grid, and financing, may not have declined; and Whereas, the city of Dubuque supports efforts to reduce the costs and other barriers asso- ciated with solar PV in order to facilitate the efforts of interested residents, businesses, utilities, and others in the city to install solar PV; and Whereas, the city of Dubuque has already undertaken efforts to promote sustainability, en- courage use of energy efficiency and renewable energy, such as \[INSERT IF APPLICABLE\]; and Whereas, city ordinances, policies, and practices have the potential to reduce the costs and other barriers associated with installing solar PV; and 15 Whereas, the city of Dubuque, in consultation with IEDA, IEC, and IAMU, has evaluated its ordinances and practices using the Department of Energy’s Solar Market Maturity Model and using this information will develop an action plan that includes reasonable steps to reduce costs and barriers that can be evaluated over a reasonable period of time; and Whereas, the city is eligible for grant funds from the Rooftop Solar Challenge II SunShot grant to offset the costs of evaluating and potentially implementing the steps to reduce costs and barriers to the installation of solar PV. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE: The City Manager is hereby authorized to execute an agreement with the IEDA to become a pilot local government under the Rooftop Solar Challenge II Sunshot grant and Iowa Solar Readiness Initiative in order to reduce the costs and barriers associated with installing solar PV in the city of Dubuque. th Passed, approved and adopted this 4 day of November, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Jones reported on the NICC EMS conference recently held at the Grand River Center and how pleased the attendees were with the destination and the amenities of the Port of Dubuque. CLOSED SESSION Motion by Jones to convene in closed session at 7:08 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Mo- tion carried 7-0. Upon motion the City Council reconvened in open session at 7:14 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 7:15 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 16